Schutte v Woolworths (NCT/71355/2016/114(1)NCA) [2017] ZANCT 16 (15 February 2017)

Schutte v Woolworths (NCT/71355/2016/114(1)NCA) [2017] ZANCT 16 (15 February 2017)

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, made valid requests for statements of account from the Respondent as permitted by section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) and granted the application, ordering the Respondent to provide the required statement within twenty-two business days.

Citation
[2017] ZANCT 16
Parties
Applicant: Tanya Schutte; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 February 2017
Case Number
NCT/71355/2016/114(1)NCA
Procedural Posture
Application / Default Judgment
Outcome
Application granted on a default basis; Respondent ordered to provide the requested statement.
Judges
B Dumisa, J Simpson, H Devraj
Legal Topics
National Credit Act, Consumer Right to Statement, Credit Provider Obligations
Banking and Finance National Credit Act Consumer Right to Statement Credit Provider Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Tanya Schutte

Applicant

Woolworths

Respondent

Procedural Posture

Application / Default Judgment

Legal Issues

  1. 1 Whether the Respondent, as credit provider, was obliged to provide the Applicant with a statement of account under section 110 of the National Credit Act.
  2. 2 Whether the Applicant's agent, Accord Debt Solutions CC, was lawfully entitled to request the statement on her behalf.
  3. 3 Whether the Tribunal should grant relief under section 114 of the National Credit Act due to the Respondent's failure to provide the requested statement.

Ratio Decidendi

The Tribunal found that the Applicant, through her agent Accord Debt Solutions CC, made valid requests for statements of account from the Respondent as permitted by section 110 of the National Credit Act. The Respondent failed to comply with these requests and did not participate in the proceedings. The Tribunal was satisfied that service was effected and proceeded on a default basis. The Tribunal held that the Applicant is entitled to the information specified in section 110(1) and granted the application, ordering the Respondent to provide the required statement within twenty-two business days.

Court Disposition

Application granted on a default basis; Respondent ordered to provide the requested statement.

Orders

  • The application is granted.
  • The Respondent is ordered to provide the Applicant and/or her agent, at her direction, with a statement containing the current balance, amounts credited or debited, amounts overdue and when due, and amounts currently payable and the date due, for account reference number 6007850192047932.